The Supreme Court ruled Friday that Idaho's abortion ban remains in effect and agreed to hear the case in April.
The stay request came from Republican Attorney General Raul Labrador. It has been submitted On November 26, a petition was filed with Justice Elena Kagan asking her to overturn a lower court's decision barring states from enforcing the law.Kagan writes: order The request for a stay was granted until the court hears the case in April. (Related: 'Cynical strategy': Less than two years after Dobbs, abortion returns to the Supreme Court)
“The preliminary injunction issued by the U.S. District Court for the District of Idaho on August 24, 2022, case number 1:22-cv-00329, is stayed,” Kagan wrote. “The stay petition will also be treated as a petition for a prejudgment writ of certiorari, and the petition will be granted based on the questions posed in the State of Idaho's petition.”
According to the order, both parties will have one hour of arguments in court.
Anti-abortion activists protest near the Women's March rally in front of the U.S. Supreme Court building on June 24, 2023 in Washington, DC. (Photo by Anna Moneymaker/Getty Images)
After the Supreme Court struck down Roe v. Wade in 2022, Idaho's trigger law banned all abortions. That same year, the Department of Justice filed a lawsuit against the state of Idaho. Emergency medical care and active labor law The group Preventing Hospitals from Refusing Emergency Patients (EMTALA) argued that the state law would force doctors to violate federal law by requiring doctors to perform abortions.
In 2023, the state legislature passed it Another law provides limited exceptions to save the life of the mother and in cases of rape and incest. The U.S. Court of Appeals for the Fifth Circuit ruled Tuesday in a similar case brought by Texas that EMTALA does not require abortion and does not override state law.
In December, the Supreme Court announced it would also take up a case involving the Food and Drug Administration's approval of the abortion drug mifepristone.
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